SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2003 Supreme(AP) 28

Andhra Pradesh High Court
Judges : GOPALA KRISHNA TAMADA
V.Sallaja - Appellant
Versus
V.Koteswara Rao - Respondent
Decided On : 01-08-03

Headnote:

Code of Criminal Procedure – Section 125 – Code of Civil Procedure – Section 24 – Family Courts Act, 1984 – Section 10, 7, 8, 20 – Civil Procedure Code – Section 24 – Jurisdiction – Legitimacy – Proceeding – Guardianship – Conjugal rights – Adjournment – As parties to all these petitions are one and same and contentions raised by them are common, all these Transfer C. M. Ps. are disposed of by common judgment – For sake of convenienpe, parties herein are referred to as they are arrayed in Transfer C. M. P. which is filed by wife – Transfer C. M. P. is filed by petitioner seeking transfer of O. P. from file of Family Court to Senior civil Judge g Court – While so, Transfer C. M. P. is filed by respondent seeking transfer of O. P. from file of Senior Civil Judge s Court to Family Court – Similarly, Transfer C. M. P. is filed by husband seeking transfer of M. C. from file of Additional Judicial I Class Magistrate s Court to Family court – Held, it is brought to my notice that no family Court is constituted in Vizianagaram district – Therefore, in absence of constitution of a Family Court in Vizianagaram district, local Civil Courts and District Court, as case may be, shall have jurisdiction to deal with all those matters which are enumerate in Explanation to Section 7 of Family Courts Act – In that view of matter, Senior Civil judge s Court, Vizianagaram, is competent to deal with O. P. , which is filed by respondent herein in Family Court, Vijayawada – Therefore, court is inclined to withdraw said O. P. from file of Family Court, Vijayawada and transfer the same to Senior Civil Judge s Court, vizianagaram, for disposal in accordance with law along with O. P. which is filed by petitioner for restitution of conjugal rights – Ordered Accordingly

GOPALA KRISHNA TAMADA, J.

( 1 ) AS the parties i to all these petitions are one and the same and the contentions raised by them are common, all these Transfer C. M. Ps. are disposed of by common judgment. For the sake of convenienpe, the parties herein are referred to as they are arrayed in Transfer C. M. P. No. 463 of 2000, which is filed by wife.

( 2 ) TRANSFER C. M. P. No. 463 of 2000 is filed by the petitioner (wife) seeking transfer of O. P. No. 416 of 2000 from the file of the Family Court, Vijayawada, to the Senior civil Judge g Court, Vizianagaram.

( 3 ) WHILE so, Transfer C. M. P. No. 1 of 2002 is filed by the respondent (husband) seeking transfer of O. P. No. 15 of 2001 from the file of the Senior Civil Judge s Couft, vizianagaram, to the Family Court, vijayawada. Similarly, Transfer C. M. P. No. 4352 of 2002 is filed by the husband seeking transfer of M. C. No. 62 of 2000 from the file of Additional Judicial I Class Magistrate s Court, Vizianagaram, to the Family court, Vijayawada.

( 4 ) THE facts which led to the filing of these petitions are as follows: Both the petitioner and the respondent hail from angaluru1 village in Krishna District. The marriage between them took place on 2-10-1989 as per Hindu religious rites and caste custom and the marriage was also consummated. Soon after the marriage, the respondent was taken to Vizianagaram by the father of the petitioner to work in his Tannery industry located at Vizianagaram. Two children were born-to them during their wedlock. Thereafter, it is alleged by the petitioner that, the respondent (husband) became addicted to drinking and used to; quarrel with her in drunken state. While so, in the year 1993 the parties have shifted to Madras. On 10-7-1996, the respondent met with a road accident in Madras and he was hospitalized for several months owing to multiple and compound fractures to his right leg, hand and kneecap etc. According to the respond ent, the petitioner did not even care to visit him during the period of his hpspitalization, even after the completion of the treatment; his leg with fractured bones its knee and ankle are still dysfunctional and in spite of all the above travails, the petitioner did not bother to see the respondent. According to the respondent, the petitioner left the matrlmonlal house in october 1997. The respondent thereafter came back to vijayawada from Madras and Is presently residing in Vijayawada while the petitioner is residing with her parents at Vizianagaram.

( 5 ) CONSEQUENT upon the estrangement of the parties the respondent (husband) filed o. P. No. 416 of 2000 before the Family court, Vijayawada, seeking decree of divorce. While so, the petitioner filed M. C. No. 62 of 2000 on the file of the Court of additional Judicial I Class Magistrate, vizianagaram, under Section 125, Cr. P. C. seeking maintenance. She also filed O. P. No. 15 of 2001 on the file of the Court of senior Civil Judge, Vizianagaram, seeking restitution of conjugal rites.

( 6 ) IT is submitted by Mr. V. S. R. Anjaneyulu, learned counsel for the petitioner (wife), that the petitioner s father is an old man aged about 85 years; her mother is no more while her brother is a resident of hyderabad and all her sisters who are married have settled elsewhere. Thus, there is no male companion to look after the welfare of the petitioner and her father. Under these circumstances, the petitioner is facing lot of inconvenience to go all the way from vizianagaram to Vijayawada for the purpose of defending the O. P. filed by the respondent i. e. , O. P. 416 of 2000 at Family Court vijayawada. Therefore, the petitioner seeks transfer of the said O. P, i. e. , O. P. No. 416 of 2000 from Family Court Vijayawada to the senior Civil Judge s Court, Vizianagaram, where the O. P. filed by her for restitution of conjugal rights is pending.

( 7 ) ON the other hand, Sri K. V. Bhanu prasad, learned counsel for the respondent, submitted that with physical disablement it has become virtually














Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top